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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of September 3, 2024 No. 1004

About approval of the Procedure for transfer in the Unified State Register of Legal Entities, physical persons entrepreneurs and public forming of data on the available and registered branches and representations of the legal entities formed according to the legislation of foreign states

According to the paragraph the fourth Item 2 of the Section II "Final provisions" of the Law of Ukraine of July 14, 2023 No. 3257-IX "About modification of some legal acts of Ukraine concerning streamlining of activities of separate divisions of the legal entity formed according to the legislation of foreign state" the Cabinet of Ministers of Ukraine decides:

1. Approve the Procedure for transfer in the Unified State Register of Legal Entities, physical persons entrepreneurs and public forming of data on the available and registered branches and representations of the legal entities formed according to the enclosed legislation of foreign states.

2. Determine that:

1) before completion of the software of the Unified State Register of Legal Entities, physical persons entrepreneurs and public forming (dalee-Ediny the state register):

transfer in the Unified state register of data about available and registered before enforcement of the Law of Ukraine of July 14, 2023 No. 3257-IX "About modification of some legal acts of Ukraine concerning streamlining of activities of separate divisions of the legal entity formed according to the legislation of foreign state" branches and representations of the legal entities formed according to the legislation of foreign states including representative offices of foreign business entities (further - separate divisions), state registration of changes in data on separate divisions, state registration of the decision on the termination of separate divisions, state registration of cancellation of the decision on the termination of separate divisions, state registration of the termination of separate divisions, and also state registration of creation of branches or representations of the legal entities formed according to the legislation of foreign states (further - neogenic separate divisions), are performed by means of the existing software of the Unified state register;

transfer in the Unified state register of data on separate divisions is performed only according to the applications submitted by representatives of such separate divisions, in case of need further state registration of changes to the information about them, state registration of decisions on their termination, state registration of cancellation of the decision on their termination, state registration of their termination, receipt of other public services by state registration of inclusion of data on separate divisions according to the approved this resolution rather;

2) within three months from the date of placement on the website of the Ministry of Justice of the announcement of implementation of the modifed software of the unified state register separate divisions and neogenic separate divisions, data on which contain in the Unified state register, are transferred to the status archive by carrying out separate registration action by the Ministry of Justice and concerning such subjects the Ministry of Justice performs state registration of transfer of data in the Unified state register based on information obtained from the technical administrator of the Unified state register.

The technical administrator of the Unified state register within five working days from the date of placement on the website of the Ministry of Justice of the announcement of implementation of the modifed software of the unified state register submits to the Ministry of Justice the list of separate divisions and neogenic separate divisions, data on which contain in the Unified state register, electronically;

3) the documents confirming registration/accreditation of separate division, issued by the Ministry of Economics, National Bank, Public service of statistics and the State Tax Administration before enforcement of the Law of Ukraine of July 14, 2023 to No. 3257-IX "About modification of some legal acts of Ukraine concerning streamlining of activities of separate divisions of the legal entity formed according to the legislation of foreign state" are valid before date of transfer of data on such separate division in the Unified state register.

3. To the Ministry of Economics, National Bank (in consent), Public service of statistics and the State Tax Administration within five working days from the date of entry into force of this resolution to provide provision to the Ministry of Justice of the register data on separate divisions which are available for them electronically as of Date of Introduction in operation of the Law of Ukraine of July 14, 2023 No. 3257-IX "About modification of some legal acts of Ukraine concerning streamlining of activities of separate divisions of the legal entity formed according to the legislation of foreign state". Amount, structure and formats of data which are provided, determined by the Ministry of Justice and the relevant state body in joint decisions which are drawn up by separate protocols of exchange of information (in case of need).

To the Ministry of Economics within 10 working days from the date of entry into force of this resolution to provide provision to the Ministry of Justice properly drawn up and the available papers of information of rather separate divisions created in case of accomplishment of functions by it on registration of separate divisions arranged posubjektno.

National Bank (in consent) within 10 working days from the date of entry into force of this resolution to provide representation to the Ministry of Justice properly drawn up, arranged posubjektno and certified according to the procedure, established by the legislation, copies of the available documents in paper form concerning the operating representative offices of the foreign banks created in case of accomplishment of functions by it on their registration / accreditation.

4. To provide to the Ministry of Justice within year from the date of placement on own website of the announcement of implementation of the modifed software of the unified state register transfer in it of data on separate divisions according to the approved this resolution rather, except data on the separate divisions provided by the subitem 2 of Item 2 of this resolution.

5. This resolution becomes effective along with enforcement of the Law of Ukraine of July 14, 2023 No. 3257-IX "About modification of some legal acts of Ukraine concerning streamlining of activities of separate divisions of the legal entity formed according to the legislation of foreign state", but not earlier than day of its publication.

Approved by the Resolution of the Cabinet of Ministers of Ukraine of September 3, 2024, No. 1004

Procedure for transfer in the Unified State Register of Legal Entities, physical persons entrepreneurs and public forming of data on the available and registered branches and representations of the legal entities formed according to the legislation of foreign states

1. This Procedure determines the procedure of transfer in the Unified State Register of Legal Entities, physical persons entrepreneurs and public forming (further - the Unified state register) the data about available and registered before enforcement of the Law of Ukraine of July 14, 2023 No. 3257-IX "About modification of some legal acts of Ukraine concerning streamlining of activities of separate divisions of the legal entity formed according to the legislation of foreign state" branches and representations of the legal entities formed according to the legislation of foreign states (further - separate divisions).

2. Transfer in the Unified state register of data on separate divisions is performed by Ministry of Justice by state registration of transfer of data on appropriate subjects in the Unified state register.

3. Transfer in the Unified state register of data on separate divisions is performed on the basis of the register data obtained from Ministry of Economics, National Bank, Gosstat and GNS that before enforcement of the Law of Ukraine of July 14, 2023 No. 3257-IX "About modification of some legal acts of Ukraine concerning streamlining of activities of separate divisions of the legal entity formed according to the legislation of foreign state" performed the state registration / accreditation of separate divisions (further - authorized subjects).

If according to the register data obtained from the authorized subject there are no data on assignment to separate division of identification code in the Unified state register of the companies and organizations of Ukraine, availability of such code is checked according to register data of Gosstat and/or GNS on coincidence of the name of separate division.

In case of absence at separate division of identification code in the Unified state register of the companies and organizations of Ukraine such code is assigned in case of transfer in the Unified state register of data on the relevant separate division.

In case of identification of contradiction between the register data obtained from the authorized subject and Gosstat and/or GNS, those data which contain later date of introduction are subject to transfer in the Unified state register.

For the purpose of refining of register data the Ministry of Justice sends the written request to the appropriate authorized subject.

4. Lack in full of the data on separate division provided by part six of article 9 of the Law of Ukraine "About state registration of legal entities, physical persons - entrepreneurs and public forming", is not the basis for not transferring to the Unified state register of data on such separate division.

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